Constitutional Court kay Chief Justice, Mansoor Ali Shah ya Phir? Barrister Aqeel Malik's Statement

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#constitutionalamendment #ConstitutionalCourt #JusticeMansoorAliShah #SupremeCourt #ChiefJustice    Constitutional Court kay Chief Justice, Mansoor Ali Shah ya Phir? Barrister Aqeel Malik's Statement

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00:00Welcome back to Ayn-e-Tarmeem, where politics is going on at the moment.

00:05There is a cut in Jati Umrah, Muslim League Noon, People's Party, Jamia-Tulma-Islam,

00:13all political parties are present there to agree on one issue.

00:17Mausee-e-Naqvi has also reached there, Governor-e-Punjab is also there,

00:22and of course, Prime Minister of Pakistan and Prime Minister of Punjab are also a part of this meeting.

00:29The decision will be made on what to achieve from this Ayn-e-Tarmeem.

00:33We were talking about this before the break,

00:35that was there a difference between two things, or what the government has to achieve.

00:42We heard that Article 8 was buried, high court transfers were over,

00:46the petitions for 199 were also over.

00:49Now the matter was of the Supreme Court,

00:51and the Supreme Court has judges, and the judges have judges' appointments.

00:54Will there be a Constitutional Court, or a Constitutional Bench?

00:59The Bench means that there will be only one court,

01:02in which the top five judges or top seven judges will only hear Ayn-e-Tarmeem,

01:06and the rest of the cases will go to the other benches.

01:09So, this is a path that is being taken.

01:15I repeatedly ask the government,

01:18that all the stories we heard, the intent we saw,

01:23we saw that it was first started to increase the age of judges,

01:28and then it was said that the judges should be tenured,

01:31and then it was said that out of three or five judges,

01:34even Maulana Sahib addressed this in the Assembly,

01:36that one judge should be appointed as the Chief Justice.

01:40All this seemed to be happening for a reason,

01:43and we know that the government is not very happy with the upcoming judges,

01:48and they don't want to let them become Chief Justices.

01:51Do you think that the Bench would have solved your problem?

01:55Look, the government has never said on any platform,

01:58or any representative of the government has never said that

02:00we have a problem with any upcoming judge,

02:03we have no problem with any judge,

02:05and the judges are completely respectable for us,

02:09and we respect them.

02:10But they should not become Chief Justices.

02:11No, this statement was not even said.

02:13I, in fact, in so much so…

02:15Everything was said in a little way,

02:16but why are you trying?

02:17To a certain extent, I have also said that,

02:19according to the law and the constitution,

02:20and it has happened today,

02:22the 16th is left behind,

02:23then the total is up to the 24th,

02:25the notification will be made on the 24th.

02:27The Constitutional Court is not a person specific,

02:30and it is not being made for a single person,

02:33or it is not being made for a rule-in or a rule-out.

02:35Rule-in, whatever happens, rule-out will happen.

02:37Absolutely not.

02:38Let me ask you a question.

02:40Can Mansoor Ali Shah be a part of the Constitutional Court?

02:44It is highly possible.

02:44If he meets the eligibility criteria, he can come.

02:47If he meets the requirements, he can be a Constable.

02:50No, Muneeb Akhtar can't be a Constable.

02:51It is possible.

02:52This is the problem.

02:53The government…

02:54Look, without saying anything,

02:58everyone knows what is happening in Pakistan at the moment.

03:01Am I right?

03:02Look, I will not comment on this much,

03:05but I will definitely say that,

03:07as far as the Constitutional Court is concerned,

03:11the age that was presented in the Constitutional Court

03:14was 67, 68, and 67 was considered last.

03:19Because there is such a good lot of recently retired judges,

03:22and Saqib Nisar Sahib will also come and be a rule-in.

03:25Where will he come in September?

03:27No, if he is of that age,

03:28Bandyal Sahib will also come and others will also come.

03:30All those who have retired,

03:32Saqib Nisar Sahib has retired 4 years ago.

03:36The one who has recently retired…

03:38He retired at the age of 65.

03:39He has recently become Bandyal Sahib.

03:41Bandyal Sahib is an eligible man.

03:42He can be eligible.

03:43Yes, he can be eligible.

03:44So, why won't he be considered?

03:45All these people will be considered.

03:47And if the High Courts…

03:48If the parameters of the High Courts are increased…

03:50Let me tell you one thing,

03:50Bandyal Sahib won't be the Chief Justice of the Constitutional Court.

03:53You are saying this,

03:53I am saying that if he meets the eligibility criteria,

03:56then he can come.

03:57There is nothing wrong with that.

03:59But can the bench be cut for you?

04:00Will the bench that is going to be made,

04:02do you think Muslim League Noon will be ready for the bench?

04:04What will be the need?

04:05Look, the bench will be…

04:06They have been exercising for so long,

04:07they have been selling their wealth.

04:10Obviously, they will be humiliated.

04:11If they break the bandits,

04:12they will say that you have made a lot of money.

04:14What will be the benefit if the Indian Court can't be made?

04:16My personal and legal view,

04:19which is not the opinion of my personal government,

04:21let me clarify this.

04:23This will be a very futile exercise

04:24if we just go towards the bench.

04:26We have already made the bench in practice and procedure right to a certain extent.

04:30And in that, the same thing that I repeated,

04:32at the cost of repetition, I will say this,

04:34that the matter has to be brought out there.

04:37Why the Constitutional Court?

04:38Ask me what are the benefits of that?

04:41Further protection of your fundamental rights,

04:43all the Pakistani citizens,

04:45a special court…

04:46So, earlier you were taking our fundamental rights,

04:50and now you are defending them.

04:52There will be more strength…

04:54Okay, first you had to take,

04:54then you had to strengthen and return it to us.

04:56No, I will come to that too.

04:58But here, this thing,

05:00apart from that,

05:01access to justice will improve.

05:03All your cases,

05:05people's appeals, revisions,

05:08reviews that have been pending for 20-25 years,

05:09will be heard in the Supreme Court.

05:11Apart from that,

05:12the legacy that we want to leave behind,

05:15you have to see this in the future.

05:17This is a legacy.

05:19This is not a matter of 2-2.5 cases.

05:21These 2-2.5 cases will end.

05:22But now,

05:23if there is an issue of province and loyalty,

05:25it comes to the Council of Common Interest.

05:27There, at least,

05:28if there is a case on constitutional provisions,

05:30then in the court…

05:31I am happy that you mentioned the word legacy.

05:33And the reason for that is that

05:34in our country, if people don't think,

05:36then they don't think about legacy.

05:37People are leaving their lives

05:40and ending their political careers.

05:43But they don't think about

05:44how they will be remembered in this country.

05:46Right.

05:47It's a good thing to think about it.

05:48But when you think about it,

05:49whenever,

05:51if legal reform is done in this way,

05:53I am sorry, this is my view,

05:55whenever it is seen,

05:57in the context of history,

05:58it will be seen that

05:59a very political reform was done

06:00to stop some judges.

06:02How was it done?

06:03First, how was the government formed?

06:06Let's leave that.

06:07Even then, as Mr. Maulana says,

06:09it is a de facto government.

06:09But if people have to break down

06:11and form a government,

06:12then what will be its foundation?

06:14Mr. Maulana himself says

06:15that it is a fake assembly.

06:16It is a fake mandate.

06:17It doesn't have any rights.

06:20I am not reforming.

06:20Mr. Maulana says that.

06:21I don't say that.

06:22So don't blame me.

06:22But Mr. Maulana has also said that

06:24this has been going on for 45-47 years.

06:27And that's why I said that

06:28his second view is that

06:28this is a de facto assembly.

06:30You are the people

06:31with whom we have to deal.

06:33So, this legacy,

06:35I don't know how you want to…

06:37how this assembly wants to be remembered.

06:39How Mr. Mian wants to be remembered.

06:45How Mr. Tariq wants to be remembered.

06:46What Mr. Tariq wants to be remembered.

06:48All these decisions have to be made now.

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